VISION?: VisionWorks of America to Pay $2.6MM to Settle TCPA SMS DNC Class Action

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Just got back from the INCREDIBLE Troutman Amin, LLP annual retreat (you’ll hear all about it soon!) and there’s so much work to be done!

Up first, VisionWorks of America has agreed to pay $2.6MM to settle a TCPA DNC SMS class action– and the numbers here are getting a lot more reasonable.

You’ll recall Kaiser recently paid $10.5MM to settle class of  73,327 and at $143.00 a class member I suggested it might be the worst TCPA settlement of all time.

Well looking at the settlement in Lawson v. Visionworks, 2025 WL 3668823 (M.D. Fl. Dec. 1, 2025) you’ll continue to understand why.

In Lawson the facts were seemingly the same– SMS messages continuing after a stop request to consumers who had asked for them to stop.  But rather than pay $143.00 a class member VW (can I call it that?) paid only $31.62 for each of the 83,000 members of the settlement classes:

Do Not Call Registry Class: All persons in the United States who from August 16, 2019, through the date of Preliminary Approval (1) were sent a text message by or on behalf of Visionworks; (2) more than one time within any 12-month period; (3) after the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days; and (4) who did not have an established business relationship with Visionworks (as defined by the TCPA).

Internal Do Not Call Class: All persons within the United States who, [from] August 16, 2019, through the date of Preliminary Approval, were sent two or more text messages by or on behalf of Visionworks, to said person’s cellular telephone number after making a request to Visionworks to not receive future text messages.

Now $31.62 a class member is still not great– remember Pet insurer Nationwide Mutual recently walked away with a similar settlement for just $17.50 per class member— but its getting there.

And we’re ALL getting to the end of the year! Just a few days left to retain Troutman Amin, LLP ahead of our rates rising Jan 1! Incidentally a reporter from the WSJ is intrigued about the Czar’s rate being the highest in the nation for lawyers next year and we’re going to chat about it today. So retain us now and avoid all that!

Chat soon! (And it is GOOD to be home!)

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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